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HomeMy WebLinkAboutPACIFIC SYMPHONY ORCHESTRA 1 -2002 , . AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PACIFIC SYMPHONY ORCHESTRA FOR USE OF It. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS C eb~ uJ jc:.f!J I'j "FYI &A This Agreement, made and entered into this ,~) day of I~ II , ,;;2 {J(j;;(, by and between the City of Santa Ana, a charter city and municipal co oration of the State of California ("CITY") and PACIFIC SYMPHONY ORCHESTRA, a California nonprofit corporation ("SUBRECIPIENT"), INSURANCE ON FILE WORK MAY PROCEED UNTIL IN~uRANCE EXPIRES /.;2/:zq 103 CLERK OF COUNCIL DATE: .g/o '3/03 "'"'" 'wi /f-.:<OO.;l-/(),5- 310 0701 02 WHN.ESS.EIH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in "Exhibit A," hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and willing to operate said program. D. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. 1 '-' ~ .' 070102 (b) Experience. SUB RECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties ~9.Iestrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUB RECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUB RECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (1) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provIsIOns of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Quarterlv Disbursement. The amount granted to SUBRECIPIENT is $ 10,000 ("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT within a time period not exceeding twelve (12) consecutive months following the date of this Agreement. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon receipt and approval of a complete SUBRECIPIENT'S quarterly activity report, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 ofthe applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as 2 1".,...0' .",." 070102 required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUB RECIPIENT under Paragraph II hereof. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2003 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable kl .other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make ail corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account ina federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-II 0 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. 3 '-" '-' 070102 1. Record KeeDingfReDorting. SUB RECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in . conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 57Q.S03(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUB RECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. 1. ReDorts (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to- date program statistics on expenditures, caseload and activities.. 4 '-" ...,.I 070102 J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUB RECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUB RECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also sohedule on-site monitoring at their discretion. Monitoring activitie~ rp~ also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUB RECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of RecordslRequired Length of Record Keening. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUB RECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS., s. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECiPIENT does not make the above-referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Prograrn Income. SUBRECiPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECiPIENT shall be reported irnmediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements offederal and state law. However, SUBRECIPIENT shall submit to CITY and or BUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. 5 """" '-" 070102 O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereWlder are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT,. (;}r if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance or repay CITY all amounts spent in violation thereof.. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUB RECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired Wlder the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non-expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbving. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.c. 1352) and regulations fOWld at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations Wlder this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT Wlder the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Wldersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-l). T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted Wlder the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with 6 "'" ..."." 070102 regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CIIT, or of any designated public agencies, or the SUBRECIPIENT. 'U. Davis-Bacon Act. All laborers and mechanics employed by con1r.actors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. S5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. s5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. S5.5. . A breach of the contract clauses in 29 C.F.R. S5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. S5.I2. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. s5.6(a)(3)]. V. Drug Free Workolace. SUBRECIPIENT certifies that it has established the following drug-free workplace policy: I. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days ofreceiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or 10Gal health, law enforcement, or other appropriate agency. 7 '-' ....", 070102 II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from COSO funds, when, if and to the extent received from HUD, for CITY's 2002-2003 COSO program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2002-2003 pursuant to this Agreement up to a maximum aggregate payment ofTEN THOUSAND Oollars ($ 10,000) in installments determilloo by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions ofthis Agreement. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all COSO FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with COSO funds. IV. CONFLICT OF INTEREST SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any COSO monies granted to the CITY, inclusive of the subject COSO FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUSRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with COSO funds: A. SUSRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUSRECIPIENT agrees to provide under the terms of this Agreement on the basis of reiigion and 8 '-" "'-' 070102 shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Pacific Symphony Orchestra Music Works! 3631 S. Harbor Blvd., # I 00 Santa Ana, CA 92704-6951 9 '-' """'" 070102 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other..agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUB RECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. 10 '-' ......", 070102 SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. .'; .... XI. REVERSION OF ASSETS A. Upon the expiration ofthis Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use ofCDBG funds. [24 CFR 570.503(b)(8).] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000.00 must either be: I. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period oftime as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: I. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed( s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or 11 ........ ......" 070102 local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set flJrth.jn this paragraph "XI. REVERSION OF ASSETS." and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HOD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HOD. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (I) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. In the event this Agreement is terminated as set forth in subparagraphs XILA. through XILD., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. 12 '-' -....I 070102 XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD prograin funding. In the event of funding reduction, CITY may, in its sole. and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUB RECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifYing, or amending the Agreement for such purposes. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSMTY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of Cali fomi a, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 13 '- v 070102 XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow bas the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. DATED: \ 0- ll.k-o-z... CITY~ t/M ?2~.~ DAVID N. REAM City Manager ArrEST: APPROVED AS TO FORM: 12 (%kL ~ rfo~ JOSEPH W. FLETCHER City Attorney PATRICIA E. HEALY Clerk of the Council SUBRECIPIENT: Jennifer Klein Director 95-3635496 DATE: 14 \"".i v PACIFIC SYMPHONY ORCHESTRA 2002-2003 GOALS & OBJECTIVES (REVISED), GOALS AND OBJECfIVES Goal #1: To enrich the quality and availability of music learning to 6232 stndents in Santa Ana schools. ., ... Goal# 2: To connect the Pacific Symphony Orchestra more closely with schools and their communities Goal# 3: Goal# 4: To establish the Pacific Symphony Center as a focal point for music in the community. To develop the community's appreciation for symphonic music. Goal# 5: To encourage life-long learning through the arts. The following objeclives support the five (5) goals of the Music Works! Program in Santa Ana Unified School District. OBJECTIVE(S): 1. Conduct twenty (20) music education lessons (ten at each of two elementary schools elected by the SAUSD), introducing approximately 1,100 kindergarten through sixth grade students. Task/Action (A) Contact schools to schedule programs. 2. Conduct thirty-two (32; two-hour instrument clinics for SAUSD's intermediate and high school instrumental music students. Each clinic, conducted by a Pacific Symphony Orchestra musician, will host eight to twelve (8-12) students. Task/Action (A) Coordinate with SAUSD to schedule clinics. (B) Select Pacific Symphony Orchestra musicians to conduct clinics. 3. Present thirty-two (32) Santa Ana high school string students with weekly individual instrumental and music theory instruction at the Pacific Symphony Center. Task/Action (A) Select Pacific Symphony Orchestra musicians to teach lessons. (B) Coordinate with SAUSD to select student participants and schedule lessons. 4. Present "informances" (informational ensemble performances) at two SAUSD schools. Task/Action (A) Contract with the Orchestra's musicians to present the "informances." 5. Host 3,000 Santa Ana students at a full-orchestra Youth Concert at the Orange County Performing Arts Center. Task/Action (A) Send invitations to all Santa Ana, CDBG-eligible schools. (B) Schedule Youth Concert Exhi bit A '\.I """" PACIFIC SYMPHONY ORCHESTRA - 2002-03 (Revised) MusicWorks! (Budget Summary) REVENUES: Santa Ana CDBG Funds other Public Funding Private Funding Performance Fees Other - Individual Student Instruction Fees (20 students x $5 x Four 12-week sessions) TOTAL REVENUES: TOTAL EXPENSES: $10,000 $0 $58,571 $0 ". .$4,800 $73,371 CDBG OTHER TOTAL FUNDS FUNDS $3,000 $1,500 $1,500 $3,090 $1,500 $1,590 $3,720 $2,000 $1,720 $10,175 $3,000 $7,175 $14,400 $2,000 $12,400 $9,600 $0 $9,600 $24,000 $0 $24,000 $570 $0 $570 $1 ,409 $0 $1 ,409 $710 $0 $710 $197 $0 $197 $70,871 $10,000 $60,871 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,500 $0 $2,500 $0 $0 $0 $73,371 $10,000 $63,371 EXPENSES: Salaries and Benefits: "Appreciation Lessons" - Artist-in-Residence (10 lessons x 2 schools x $150) Ensemble "Informances" (5 musicians x $309 x 2 performances) In-School Clinics (30 musicians/clinics x $124 average) Concert at the Center (55 musicians x $185 avg.) Individual Instrumental Instruction Upper String Teacher ($50/hr x 1.5 hrs x 4 days x 48 wks) Lower String Teacher ($50/hr x 1 hr x 4 days x 48 wks) Theory Teacher/Coordinator ($500 x 48 weeks) Administration Assistant Conductor Vice President of Education Class Act Manager Manager of Education Programs Subtotal Salaries & Benefits: Supplies Rent Communications (telephone,postage, etc.) Local Travel Insurance Staff Training Capital Expenses Instructional Materials Other NOTES: 1. CDSG funds wiil cover salaries and benefits of the musicians who participate in the program. Materials and administrative costs (including Ass'!. Conductor) will be covered by private funding. 2. Ensemble performances include compensation for rehearsal time. Exhibit B '""" 'wi Certification Regarding Lobbying - Certification for Contracts. Grants. Loans. and Coonerative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (ll }-Jo Federal appropriated funds have been paid or will be paid, ~y ~r on b~half of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. lbis certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pacific Symphony Orchestra GranteeJContactor Organization MusicWorks! Program Title Jennifer Klein Name of Certifying Officer 8/14/02 Date EXHIBIT C Page 1 of2 ~ --,,, v v SUBRECIPIENT warrants the following: I. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CPR Part I. ~. ~o,person in the United States shall on the ground of race, color, religion, lJational oriwn, or sex, be excluded from participation in, or be denied the betielfis of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a I -5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of2 \lIl '-' Disclosure of Lobbying Activities Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse side for Instructions and Public Reporting burden statement) 1. Type of Federal Action 2. Status of Federal Action 3. Report Type D 8. contract o a. bid/offer/application o a. initial filing b. grant b. initiai award b. malerial change c. cooperative agreement c. post-award For Material Change Only d. loan year (yyyy) ____ quarter _____ e. loan guarantee f. loan insurance date of last report (mm/dd/yyyy)_________ 4. Name and Address'-of Reporting EntIty 5. If Reporting Entity In No.4 is Subawardee, enter Name and Address Dprime D Subawardee Tier ___ , if known: of Prime Congressional District, if known Congressional District, if known 6. Federal Department/Agency 7. Federal Program Name/Description - CFDA Number. if applicable ______ 8. Federal Action Number, if known 9. Award Amount. if known $ 10a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if different from No.1 Oa.) (if individual, last name, first name, MI) (last name, first name. Ml) (attach continuation sheel(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) D a. retainer o b. one-time fee D c. commission D d. contingent fee o e. deferred D f. other (specify)__~_______________________ 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11 value $ actual planned 12. Form of Payment (check all that apply) D a. cash D b. in-kind; specify: nature (attach continuation sheet{s) if necessary) 15. Continuation sheets attached DYes D No 16. Information requested through this form is authorized by Sec.319, Pub. L.101-121, 103 Stat. 750, as amended by sec. 10; Pub. L.104- 65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported 10 the Congress semiannually and will be available for pubiic inspection. Any person who fails to file the required disclosure shall be subjecllo a civil penalty of nolless Ihan $10,000 and not more than $100,000 for each such failure. Signature Print Name Title Telephone No. Date (mm/ddfyyyy) Federal Use Only: Authorized for Local Reproduction Standard Form-LLL (7/97) '-' . ,.../ Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient. at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant totiUe 31 U.S.C. section 1352. The filing ota form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or any employee of a Member of Congress in connection with a covered Federal aclion. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is.andJor has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the informa- tion previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. identify the tier of the subawardee, e.g., the first subawardee oftha prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient, Include Congres- sional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known, For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the cov- ered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number avail- able for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application proposal control number as- signed by the Federal agency). Include prefixes, e.g., "RFP- DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performin9 ser- vices, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably ex- pected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). indicate whether the payment has been made (actuai) or will be made (planned). Check all boxes that apply. if this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box (es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box (es). Check all boxes that apply. If other, specify nature. 14. Provide specific and detailed description of the services that the lobbist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just the time spent in actual contact with Federal officials. Identify the Federai official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) are attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public Reporting Burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Please do not return your completed form to the Office of Management and Budget; send it to the address provided by the sponsoring agency. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (034B~0046). Washington, DC 20503. Authorized for Local Reproduction Standard Form.LLL (7/97) 02/1~/03 14:50 FAX 415 597 676" DRIVER ALLIANT INSURANCE /"'- 1al002 '-' '-' ~ ; ~::c.:;....--........., f ;tOOUCER 415-371-5400 r OATE(MMIOOiv';;'~~ 12/29/02 ~ THIS CERTIfICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE OOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE DRIVER ALLlANT INSURANCE 500 WASHINGTON ST" STE. 300 SAN FRANCISCO. CA 94111 Amy Holsonback COMPP.NV A Great Northern Insurance Co. I'lSURED Pacilic Symphony Orchestra 3631 South Harbor Blvd., Ste. 10 Santa Ana CA 92704 COMPAKY B GuU Insurance Co. COMPANY C Aremans Fund Insurance Co. THr5 IS TO CERTIFY THAT rnE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR. THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlflCATt MAY Be ISSUED OR MAY peRTAIN, THE INSURANce AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS. EXCLUSIONS AND CONDITIONS OF SUCH POUC1ES. LtMlTS SHOWN MAY HAIlE BEEN REDUCED BY PAID CLAIMS. CO LTA TYpe OF INSURANCE rouev NUMBER POUCY EffEC11VE POUCY EXP\RATtON OAfE (MMlDDlYVI OATE tMMlDOf'{YI LIMITS A G91EftAlUA8IUTY 35756196 X COMMERCIAL GENERAL LIABILITY ClAIMS MADE [8] OCCUR OWNER'S & CONTRACTOR'S PROT 12125/02 12/29103 GENERAL AGGR'fGA TE PRODUCTS - COMPIOP AGG PERSONAL & AOV INJURY EACH OCCURRENCE: .$ FIRE DAMAGE {My one fifel .$ MEa EXP (Anyone pel'".l5onl 2000000 1000000 1000000 AUroM08It.E UAIlUTY MY AUTO ALL OWNED AUTOS SCHEOUlfD AUTOS HIRED AUTOS NON..oWNfO AlfTOS COMBlNED SINGLE LIMIT , ..0.. lL'","J.'-. \0 f.:..D AS T FORM eoOIL V INJURY tPerpensQl\) GAftA,OE UABiUTV ANY AUTO '-.?"IJ /' .~~ . ,pury Ity Attorney BOOllY INJURY {Pefact:iclentl PROPERTY DAMAGE C EXCESS UABlUTY UMBRElLA FORM OTHER TtlAN UMBRfUA FORM B WORKERS COMf'fNSATION AND EMPLOYERS" UABlll1Y XYl00097036487 12/29/02 1 2/29103 AUTO ONLY - fA ACCIDENT .$ OTHER THAN AUTO ONLY: EACH ACCIDENT f AGGREGATE EACH OCCtJRRENCe AGGREGAte 5000000 5000000 WC7787502 10101102 10/01/03 r:;~"': )~~-iJ.:..~~::'~ .:.~! 1000000 1000000 1000000 THE PAQPRIfTORl lNCL PARTNERS/EXECUTIVE OFACE'RS ARE: eXCL OTIiER 'A EL EACH ACCIDENT .$ El OISEASE - POLICY LIMIT El DISEASE. EA EMPLOYEE 10 DAYS NOTICE FOR NON-PAY' DESCRIPTION Of OPEItATIONSlLOCATION5NEHtCt.ESlSPEOAlITEMS The City of San.ta Ana, it's officers, agents, employees and volunteers are named as Additional Insured as respects their interest in connection with the Named Insured. City of Santa Ana - CDBG M-25 Community Development Agency P.O. Box 1988, M-25 Santa Ana, CA 92702 '. AUTHORIZED SENT~ i\ ,~ 3) If .il"",;;;~-..,.JTi';'<"~'-lI'i!'",.-!!!\tlf<iIt"''''-_'''~''l'II!I';!'ll\it;';Ii;f__g;-<t'''''='''' .'., ..,..j:0W.,P".""m~-.'.;jjijji'iil<lP""1iiiI."\1ir!F"~. ~:~.st~~~f!~.?J:~~!J~f~A~~~~"@.~~~\~Jf'~~i~!.'~I..:~<,'/ ...~..~.".:.: ':,~z~~;<:'.:':!"-'."~~~~;2:~,'~S&:..r~~~~];<~~ SHOULD ANY OF TtlE ABOVE ot:SCAIBED POUClES BE CANCELLEO THE f'XPlRATfOt~ OAll:. THEREOF. THE ISSUIUG COMPANY WILL ENDEAVOR TO MAll ~ OAYS WRfTT"EN NonCE TO THE CERl1ACATE HOLDER t.tAMED TO THE LEFT, Olf1' fO~ . , 11: 12 FAX 41~ ~97 6' . '-' DRIVER ALLIANT IN5URANC~ '-' smS8Z640 r-50t nos/DOg @005 F-826 01-15-0. ' 10,.gam Frll!l" Liability Insurance Endorsement Policy Period OECI!MBl!lt 29.2002. TO DECEMBER 29,2003 EffeCtIve Date DECllMBER 29, 2002 Poljoy Nuf1'lW 3575-6 Hl6 PHA Insured PACIFIC SYMP1-l0NY ASSOCIATION DBA; PAClFl C SYMPHONY OllCHESTRA Name of Company GREAT NORTllI!RN INSURANCE COMPt.Ny Date Issued JANUARY 14.2003 ,......"~......r__...: ..&---...._....."~I w...,......,~'''"'' . ...... .'.... ~\?..-....... ," " ",",'.'''' -4 -~__""",,'_.~,,-._".. ,'" ...'-....... .~.,.....--,.,,' This Bndon<ll1CIll applies '" tho tbIlowing fom,.: Gl!NERAL l.JA8lLl'lY - "" ...~. -l.6_".~n _ T -. PRIMARY WORDING 8lHl2-2000 PIUMAAY INSURANCE: TIllS INSURANce IS PRIMARY EXCEPT W!ffiN THE EXCESS INSUKANCF. PROVISION DESClUIlED BELOW APPLlES. IF TIllS INSURANCE IS PRIMAR.Y, OUlt OBLIGATIONS ARE NOT AFFEcrED UNl..I!SS ANY OF 'THE OTHER INSURANCE IS Al.SO PRIMARY. EXC5SS INSURANCE: TIns INSURANCE IS EXCI!SS OVER ANY OTnER INSURANCE, WHETHER PRIMARy, EXCESS. CONTINGBNT OR ON ANY OTHER BASIS: .,OVED AS TO FOg A. THAT IS FIRE. EXTI!NOED COVERAGII. BUII..OER'S RISK INSThJ.LI,.TION RISK OR SIMILAR INSURANCE FOR YOUR WORK: \ (/U.L ;t~ u. ot. i/ ':I Sheedy L 'v ;,i.; ty City Atta ney a. THAT [S INSURANCE THAT APPLIES TO PROPERTY DAMAGE TO PREMISES RENTED TO YOU OR TEMPORARILY OCCUPIED BY YOU WITH PElUlfiSSION or THE OWNER: C. IF l'm; LOSS ARISES OUT OF AlRCRAFr. AUTOS OR WATERCRAFT (TO THE EXTENT NOT SUBJECT TO THE AIRCRAFI'. AUTOS OR WATERCRAFT exCLUSION); D. TIlAT IS INSURANCE: I. PROVIDED TO YOU BY ANY PERSON OR OItGANlZATION WORKING UNDER CONrRAcr OR AGIU!EMBNT FOR YOU; OR 2. UND&R WHICH YOU ARE INCI..UOIID AS AN TNSURao; OR U.,bil;ly In:;..,"'nce Fomr BO-02-237~E!d. 4-94/ PRIMARY WORDING _"""'Ill c;Ot'lrIMuea Referc.n&_ 9op:y Page 1 01/15/03 . -. 11: 13 FAX 415 597 6"'" '-' ...." DRIVER ALLUNT INSURANCl- OHS-Ci' IO:aeam Fr..- LJab;/ily Il'I$urancJe Form 8O-IJ:>-237!fEd. 4-(14) 8T76562S40 @006 T-602 P.OOS/OOg F-926 E. THAI' ISlNSURANCS UNDER ANY PROpeRTY SECf10tl OF THIS POLlCY. All othtt tclJnlO aJ\d conditions remain llllChangcd. /2w:~ Aulhoriz8<l Rep....- PRIMARY WORDING Entmtse'f'l'leM Rof~N!..~~ Copy l.s1 p:sgs page 2 02/1J/2003 11:56 FAX 415 597 67~. DRIVER ALLIANT INSURAN ~002 13-feb-2003 Driver AUiant Insurance Services 500 Washingron Street Suite 300 San Francisco, CA 941 11 IS CERTlFlCAre IS ISSUED AS A MATTER OF INFORMATlON ONLY AND CONFERS NO RIGHTS U~a-I THE CERTlF1CATE HOLDER. THIS CERTIFICATE DOES NOT MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ~OLIClES BELOW, (415) 371-5400 lNSURERS AFFORDING COVERAGE INSURED PACIFIC SYMPHONY ORCHESTRA 3631 SOUTH HARBOR BLVD., SUITE 100 SANTA ANA, CA 92704 please refer to Coverages section below. S2!l ~::~ ~~'ir.m~ THE ~OUCIES OF INSURANCE LlSreD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE ~OUCY PERIOO INDICATED. NOTWITHSTAND4NG ANY REQUIREMENT. reRM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RES~CT TO WHICH THIS CERTIFICATE MAY BE ISSueD OR MAY ~RT,4JN, THE INSURANCE AFFORDED BY THE ~OLIClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY ~A1D CLAIMS. covvagtTyp. lf1$urwr P~II11V EffectlvaDate ,Explrallcmcatl: LtmlCType Amount WOr1<<l..... Cam salion FGf EYldence of Insuranc. Gulf Insurance Comp;iny WC17B7502 01-Oct.2002 01.Oct-2003 Sta I:: L Each It.ecldent E.l. Disease. Ea Em 10 8 E.L Disea5e- Polley limit $1,000,000 S1 QOO,OOO $1,000 000 ,d'PRO. c_.J .'\~ \'0 fORM L~~~.0q..- Deputy Cit, AllOrney DESCRIPTION OF OPERATlONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTSISPECIAL PROVISIONS This Certificate is issued as evidence only. IMPORT ANT If Il'le certil'lca\B holder ill an ADDITIONAL INSURED, lhe policy(les} must be endorsed. A. sb-'&menton 1t\is oetti1\ca1e does. notCClnfer rights to the certil'lQllIII helder In n.11 of IiUch enaof!iement(5)_ If 5UBROGA llON IS WANED, subjeet1c the I:erTml and condItions of the policy, CIIrtaln policies may requirfl an endofsement A sta.ment on this certificatD doe& not cor,ferrigl115 to 'tie certHlC3te ho1dllr in lieu of such endol'58ment(lI). DISCLAIMER The Cer:tifica\e of Inllu1"Ilr..::e Qn thill form aoe& not CClrlSlitut.e ill cannot between tn. issuing InslJrer(Iiii), au'bmrimd representllilJe or producer, emd the C8rt1l'1ca'\B holder, nor doeti It affirmaliloely or negatiYllly amend, e:d!lnd or albtr th., c:<JVDfag" a1'fDrd.,d by the policies IIs_d mereon. . ... ;~&JhjiMM~:*J~h~~~::::.~<<~~~. :**- City of Santa Ana Community Development Agency P,O. Bcx 1988. M.25 Santa Ana, CA 92702 6920. 16+4 SHOULD ~y of THE ABOVE DESCRIBED POUOES BE CANCELLED BEFORE 1HE EXPIRATlON CAlE lHEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 CAYS WRITTEN NOTIcE TO THE CERllACA1E HOLDER NAMED TO l'HE LEFT. BUT FAILURE TO DO so SHALL ~POSE NO OBLIGA 110N OR LIABILITY OF ANV KIND UPON THE COMPANY ITS AGENTS OR REPRESENTA l1VES. .